[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Rules and Regulations]
[Pages 5924-5932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2081]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 25

[IB Docket No. 95-117; FCC 96-425]


Satellite Application and Licensing Procedures

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission has adopted rules and policies to streamline 
application and licensing requirements for satellite space and earth 
stations under the Commission's rules regarding satellite 
communications. Among other things, the Commission waives the 
construction permit requirement for satellite space stations and 
modifies the license term for temporary fixed earth stations and the 
implementation period for Very Small Aperture Terminal (``VSAT'') earth 
stations. The Report and Order amends minor modifications for earth 
station and inclined orbit operations of space stations, and 
application and licensing forms.

EFFECTIVE DATE: The adopted rule changes will become effective upon 
approval by the Office of Management and Budget of the modified 
information collection requirements, but no sooner than April 11, 1997. 
When approval is received, the Federal Communications Commission will 
publish a document announcing the effective date.

FOR FURTHER INFORMATION CONTACT: Tracey Weisler, International Bureau, 
Satellite Policy Branch, (202) 418-0744; Frank Peace, International 
Bureau, Satellite Engineering Branch, (202) 418-0730; Kathleen 
Campbell, International Bureau, Satellite Policy Branch (202) 418-0753. 
For additional information concerning the information collection 
contained in this NPRM contact Dorothy Conway at (202) 418-0217, or via 
the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order in IB Docket No. 95-117; FCC 96-425, adopted October 29, 1996 
and released December 16, 1996. The complete text of this Report and 
Order is available for inspection and copying during normal business 
hours in the FCC Reference Center (Room 239), 1919 M Street, N.W. 
Washington, D.C., and also may be purchased from the Commission's copy 
contractor, International Transcription Service, (202) 857-3800, 2100 M 
Street, N.W., Suite 140, Washington, D.C. 20037.
    This Report and Order contains modifications to approved 
collections and will be submitted to the Office of Management and 
Budget for review under Section 3507(d) of the Paperwork Reduction Act 
(44 U.S.C. 3507(d)). For copies of the submissions contact Dorothy 
Conway at (202) 418-0217 or access our fax on demand system at 202-418-
0177 from the handset on your fax machine and using the document 
retrieval number 6000000. A copy of any comments filed with the Office 
of Management and Budget should also be sent to the following address 
at the Commission: Federal Communications Commission, Records 
Management Division, Room 234, Paperwork Reduction Project, Washington, 
D.C. 20554. For further information contact Judy Boley, (202) 418-0210.
    Title: Streamlining the Commission's Rules and Regulations for 
Satellite Application and Licensing Procedures.
    Form No.: FCC Form 312.
    Type of Review: Revision of existing collections.
    Respondents: Businesses or other for profit, including small 
businesses.
    Number of Respondents: 1,275.
    Estimated Time Per Response: The Commission estimates all 
respondents will hire an attorney or legal assistant to complete the 
form. The time to retain these services is 2 hours per respondent.
    Total Annual Burden: 2,550 hours.
    Estimated Costs Per Respondent: This includes the charges for 
hiring an attorney, legal assistant, or engineer at $150 an hour to 
complete the submissions. The estimated average time to complete the 
Form 312 is 10 hours per response. The estimated average time to 
complete space station submissions is 20 hours per response. The 
estimated average time to complete the ASIA submission is 24 hours per 
response. Earth station submissions: $1935. ($1500 for Form 312; $375 
remainder of application; $60 for outside hire.) Space station 
submissions: $4560 ($1500 for Form 312; $3000 for remainder of 
submission; $60 for outside hire). ASIA submissions: $3,660 ($3,600 for 
submission; $60 for outside hire). Fee amounts vary by type of service 
and application. Total fee estimates for industry: $4,956,255.00. Needs 
and Uses: In accordance with the Communications Act, the information 
collected will be used by the Commission in evaluating applications 
requesting authority to operate pursuant to Part 25 of the Commission's 
rules. The information will be used to determine the legal, technical, 
and financial ability of the applicants and will assist the Commission 
in determining whether grant of such authorizations are in the public 
interest.

Summary of Report and Order

    1. In light of the evolving satellite technology, the Commission 
commenced a review of its operations in order to eliminate outdated 
regulations and unnecessary burdens that impede the introduction of 
satellite services to the public and the efficient processing of 
satellite applications and licenses. As a result of this review, the 
Commission created the International Bureau. Soon after its creation, 
the new International Bureau held a roundtable discussion in February 
1995 with representatives of industry and members of the public to 
solicit suggestions on ways to improve satellite application and 
licensing policies and procedures. Many of the recommendations made 
during that roundtable discussion were incorporated in Notice of 
Proposed Rulemaking to streamline satellite licensing procedures. 
Notice of Proposed Rulemaking, 60 FR 46252, September 9, 1995.
    2. The Report and Order amends or eliminates existing requirements, 
and codifies in Part 25 of the Commission's rules, various technical 
and procedural policies and guidelines that have not yet been 
specifically codified. Among other things, the Commission waives the 
construction permit requirement for

[[Page 5925]]

satellite space stations; increases the license term, from one year to 
ten years, for temporary fixed earth stations operating in the C-band; 
eliminates the four year implementation period for VSATs allowing VSAT 
licensees to construct their network over the course of their ten year 
license term; eliminates the annual reporting requirement for VSATs; 
simplifies the earth and space station application process by revising 
and consolidating FCC Forms 430, 493, 702, and 704; eliminates 
redundant reporting requirements for earth and space stations; allows 
earth station operators to make minor technical modifications to their 
stations without prior authorization from the Commission; and allows 
satellites to operate in inclined orbits without prior authorization 
from the Commission.
    3. Given the large outlay of capital and long-term planning 
necessary to establish satellite systems, it is necessary to ensure 
that potential applicants and service providers are not hampered by 
unnecessary and sometimes redundant regulations. This action by the 
Commission recognizes the need of the satellite industry to operate in 
an environment defined by growth, innovation, efficiency, and 
competition.

Ordering Clauses

    4. Accordingly, it is ordered that Part 25 of the Commission's 
rules, 47 CFR Part 25, the Commission's forms, and the Commission's 
policies are amended as specified in this Report and Order.
    5. It is further ordered that the amendments to Part 25 of the 
Commission's rules, 47 CFR Part 25, the Commission's forms and the 
Commission's policies as specified in this Report and Order will become 
effective upon approval by the Office of Management and Budget of the 
revised information collection requirements adopted herein, but no 
sooner than April 11, 1997. This action is taken pursuant to Sections 4 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
154, 303(r), and Section 201(c) of the Communications Satellite Act of 
1962, 47 U.S.C. 721(c).

Final Regulatory Flexibility Analysis

    6. As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603 (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Notice of Proposed Rulemaking (NPRM) in IB Docket 
95-117. Written comments on the proposals in the Notice, including the 
Initial Regulatory Flexibility Analysis, were requested. The 
Commission's Final Regulatory Flexibility Analysis (FRFA) in this 
Report and Order conforms to the RFA, as amended by the contract With 
America Advancement Act of 1996 (CWAAA), Public Law 104-121, 110 Stat. 
847 (1996). 1
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    \1\ Subtitle II of the CWAAA is ``The Small Business Regulatory 
Enforcement Fairness Act of 1996'' (SBREFA), codified at 5 U.S.C. 
601 et seq.
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    7. The Regulatory Flexibility Act (RFA), first enacted in 1980, 
recognizes that the size of a business or organization has a bearing on 
its ability to comply with federal regulations and forces the 
government to ensure that their regulations do not unduly inhibit the 
ability of small businesses to compete. 2
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    \2\ See ``A Guide to the Regulatory Flexibility Act'' (U.S. 
Small Business Administration) May 1996.
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I. Need for and Objectives of the Rules

    8. With this Report and Order the Commission eliminates a number of 
application and licensing requirements for satellite and earth stations 
under Part 25 of our rules. The last substantial review of our 
satellite regulations occurred in the late 1980's. Much has changed in 
the industry since then, necessitating a modification of Part 25 of our 
rules.
    9. In this proceeding, the Commission adopts rule changes and 
deletions that promote efficiency and innovation in the licensing and 
use of the electromagnetic spectrum. These modified rules reflect the 
changing nature of the satellite industry and remove unnecessary 
regulatory burdens from large and small service providers.
    10. The Commission's objective is to identify and eliminate 
outdated and cumbersome regulations, to reduce unnecessary paperwork, 
and to increase efficiency in this market which is expected to grow, 
worldwide, from $13.8 to $37 billion in revenue by the year 2000.3 
This objective is consistent with the Commission's continuing effort to 
review and revise, as necessary, its rules. In addition, we expect 
these rule changes to aid in the development of competitive and 
innovative telecommunications systems.
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    \3\ Source: A.T. Kearny, Industry Reports.
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II. Summary of Significant Issues Raised by the Public Comments in 
Response to the IRFA

    11. No comments were received in direct response to the Initial 
Regulatory Analysis. However, a cross section of satellite industry 
members, including two self-identified small entities, CTA Incorporated 
(CTA) and Orion Network Systems, Inc. (Orion), filed comments to the 
NPRM and, in general, strongly supported the proposed changes.

III. Description and Estimate of the Number of Small Entities To Which 
Rule Will Apply

    12. The Commission has not developed a definition of small entities 
relevant to satellite services licensees. Therefore the applicable 
definition of small entity in the satellite services industry is the 
definition under the Small Business Administration (SBA) rules 
applicable to Communications Services ``Not Elsewhere Classified.'' 
4 This definition provides that a small entity is expressed as one 
with $11 million or less in annual receipts. According to Census Bureau 
data, there are 848 firms that fall under the category of 
Communications Services, Not Elsewhere Classified. Of those, 
approximately 775 reported annual receipts of $11 million or less and 
qualify as small entities.5 The Census Bureau category is very 
broad and commercial satellite services constitute only a subset of its 
total.
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    \4\ 13 CFR 121.201, Standard Industrial Classification (SIC) 
Code 4899.
    \5\ U.S. Bureau of the Census, U.S. Department of Commerce, 1992 
Census of Transportation, Communications, and Utilities, UC92-S-1, 
Subject Series, Establishment and Firm Size, Table 2D, Employment 
Size of Firms: 1992, SIC Code 4899 (issued May 1995).
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    13. Describing and estimating the number of small entities these 
rules will impact is made difficult by a number of factors. First of 
all, information from the Satellite Industry Association and financial 
analysts who specialize in this market indicate there are few firms 
that could be traditionally thought of as small businesses. They point 
to the fact that this is a capital intensive industry that requires 
``significant partner funding and/or contract commitments prior to 
approaching commercial financing sources.'' 6 In addition, 
estimates of employment in the commercial satellite service industry, 
another measure of small business status, can vary widely.7
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    \6\ See ``Financing the Final Frontier: Funding Commercial Space 
Activities'' Bear Stearns, Global Space & Satellite Finance Report.
    \7\ American Mobile Satellite Corp. is reported to have 45 
employees by the Satellite Industry Association; 317 employees by 
Satellite Industry Analyst ``BZW''.
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    14. There are, however, a number of firms who identify themselves 
as small entities including: Columbia Communications Corp., CTA, Mobile 
Communications Holdings, Inc. (MCHI), Orion, TelQuest Ventures, L.L.C., 
and possibly others. Several of these companies have submitted comments 
to the Commission's Section 257 proceeding to identify and eliminate 
market entry barriers for small

[[Page 5926]]

business 8 and as previously noted, two of these firms filed 
comments in this proceeding.
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    \8\ GN Docket 96-113.
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    15. While no reliable estimate exists of the number of small 
businesses to which these rule changes will apply, to the extent that a 
business could be identified as a small entity, we believe that these 
proposed rules will have a positive effect on their ability to compete 
in this business sector by eliminating unnecessary regulatory burdens 
and constraints.

IV. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements

    16. The proposed rules will eliminate the need for the filing of 
approximately thirty-six space station construction permits; fifteen 
319(d) waiver requests; five Mobile Satellite Station (MSS) earth 
station construction permits; six STAs and two modification 
applications for operation of space stations in inclined orbit, 400 
license renewals for temporary fixed earth stations, 25 applications 
for extension of time to complete construction of a Very Small Aperture 
Terminal (VSAT) network, and 300 applications for minor modification 
annually.
    17. In addition, the proposed rules would consolidate the satellite 
application information currently collected from Forms 702, 704, 493 
and 430 into a single form. This streamlines the Commission's satellite 
application and licensing procedures, making the entire process more 
user-friendly and allowing for faster provision of service to end 
users. In addition to the new, consolidated, Form 312, this item lays 
the groundwork for the eventual development of an electronic filing 
system that will streamline and automate processing further.
    18. The Commission also plans to make technical databases, 
software, and other data available on the Internet as well as through 
the International Bureau reference room. These actions should 
significantly reduce the cost of compliance, specifically in the areas 
of staff time, recordkeeping, regulatory and legal fees.

V. Significant Alternatives and Steps Taken By Agency to Minimize 
Significant Economic Impact on a Substantial Number of Small Entities 
Consistent With Stated Objectives

    19. The Commission considered all alternatives submitted by 
commenters. We accepted those that lead to simplification, 
clarification and streamlining of the rules. We rejected those 
inconsistent with streamlining objectives. For instance we rejected 
Loral Qualcomm's suggestion that we defer action on waiver of 
construction permit requirements.9 The elimination of the 
construction permit waiver was strongly supported by CTA, who urged the 
Commission ``to move forward expeditiously with the elimination of the 
construction permit requirement.'' 10 We agreed with CTA and 
others that this action will reduce delay and increase flexibility for 
all entities.
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    \9\ Comments of Loral Qualcomm at p. 3.
    \10\ CTA reply comments at p. 2.
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    20. Other actions proposed in this proceeding seek to reduce 
industry costs and minimize negative economic impacts and will benefit 
the efforts of any small businesses who may currently be operating in 
this industry or those who seek to enter. Indeed, since the Report and 
Order significantly reduce administrative, regulatory and paperwork 
burdens these rule changes will have a positive effect on small 
entities and supports our objective to eliminate outdated and 
cumbersome regulations, reduce unnecessary paperwork, and increase 
efficiency in the satellite services market.
    21. We proposed a number of rule changes that could prove 
beneficial to any identifiable small entity or entrepreneurs providing 
satellite services. These actions not only reduce administrative 
burdens but also they provide businesses with increased flexibility in 
their operations and are consistent with our public interest mandate 
under the Communications Act.
    22. For instance, as previously noted, we will eliminate the 
construction permit requirement. This, in turn, will diminish the 
administrative burdens on applicants and the potential delays 
associated with the processing of construction permit applications and 
requests for Section 319(d) waivers. We rejected suggestions to delay 
implementation of this policy and suggestions to require notice that 
construction had begun. The construction waiver will allow companies to 
move forward with business plans at their own risk.
    23. We will increase the license renewal term for C-band 
transportables. This allows applicants to engage in long-term business 
planning and reduces the administrative and regulatory burdens 
associated with processing license renewals and could provide 
significant benefits to small entities.
    24. We will eliminate the requirements that a VSAT applicant 
complete construction of its network within forty eight months of the 
date we grant, and instead, permit VSAT licensees to complete 
construction over the course of their ten-year license term. As with 
the extended license renewal term for C-band, the extended construction 
term will serve small entities and entrepreneurs because it allows 
greater flexibility in financial and construction planning.
    25. We will allow licensees making minor modifications to simply 
notify us by letter within thirty days after the modifications are 
completed--eliminating the need to gain prior authorization from the 
Commission.
    26. We will eliminate unnecessary and redundant requirements for 
space station applications including ``estimated annual revenue 
requirements.'' Deleting this requirement eliminates controversy 
surrounding confidentiality of sensitive business information and will 
reduce the number of petitions for confidentiality filed with the 
Commission and the associated labor hours and legal fees.
    27. We will eliminate the bandwidth limitation for digital VSAT 
carriers and will not impose bandwidth limitations on other carriers. A 
change supported by another self-identified small entity--Orion.11
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    \11\ Comments of Orion at p. 4.
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    28. We will adopt ASIA (Adjacent Satellite Interference Analysis), 
a widely used computer database as the standard program for analyzing 
interference with regard to earth station applications. This database 
will be made available via the Internet and the International Bureau 
reference room.
    29. Orion expressed concern in their comments that the ASIA 
database has not proven to be the industry standard and that reporting 
requirements ``could impinge upon the proprietary interests of various 
satellite operators.'' 12 In response we noted that in 1985, the 
Reduced Orbital Spacings Advisory Committee, comprised of both 
government and industry representatives, pronounced ASIA as the 
generally accepted procedure for calculating adjacent satellite 
interference.13 In order to protect proprietary information we 
plan to present the database information on an aggregate basis. This 
will allow the Commission to increase public accessibility of 
information while maintaining transparent regulatory functions.
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    \12\ Comments of Orion at p. 5.
    \13\ See Supra at N66.

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[[Page 5927]]

    30. We believe that the rules, as modified by this Report and 
Order, reflect the minimum requirements necessary to carry out our 
duties under the Communications Act and other Federal statutes 
including the Regulatory Flexibility Act. We will, however, in the 
future continue to consider alternatives with the objective of 
eliminating unnecessary regulations and minimizing economic impact on 
small businesses.

VI. Commission's Outreach Efforts to Learn of and Respond to the Views 
of Small Entities Pursuant to 5 U.S.C. 609

    31. This rulemaking reflects a new, collaborative, approach to 
reinventing the classic regulatory structure. Prior to issuing the 
Notice in this proceeding and this Report and Order, Commission staff 
worked closely with interested industry members to analyze in detail 
each administrative and technical aspect of the FCC's Part 25 rules 
governing satellite application and licensing procedures.
    32. Beginning in 1994 the International Bureau has held a series of 
roundtable discussions with industry and the public and issued public 
notices soliciting ideas for streamlining licensing. All entities and 
interested parties were invited to participate and a number of 
initiatives, including this proceeding resulted. Indeed, through our 
``Open Skies'' policy, the FCC seeks to encourage new players by 
allowing any business, regardless of size, who has a plan and the 
ability to implement the plan, a fair chance to succeed in the 
satellite service market.

VII. Report to Congress

    33. The Commission shall send a copy of this Final Regulatory 
Flexibility Analysis, along with this Report and Order, to Congress 
pursuant to the Small Business Regulatory Enforcement Fairness Act of 
1996, 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 25

    Communications common carriers, Reporting and recordkeeping 
requirements, Satellites.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Rule Changes

    Part 25 of the Commission's Rules and Regulations (Chapter I of 
Title 47 of the Code of Federal Regulations) is amended as follows:

PART 25--SATELLITE COMMUNICATIONS

    1. The authority citation for Part 25 continues to read as follows:

    Authority: Secs. 25.101 to 25.601 issued under Sec. 4, 48 Stat. 
1066, as amended; 47 U.S.C. 154. Interpret or apply secs. 101-104, 
76 Stat. 419-427; 47 U.S.C. 701-744; 47 U.S.C. 554.

    2. Section 25.113 is amended by revising the section heading and 
paragraphs (a), (b), and (f) and adding new paragraph (g) to read as 
follows:


Sec. 25.113  Construction permits, station licenses, launch authority.

    (a) Except as provided in paragraph (b) of this section or in 
Sec. 25.131, construction permits must be obtained for all fixed, 
temporary fixed or mobile earth stations governed by this part. 
Simultaneous application for a construction permit and station license 
may be made for all earth station facilities governed by this part.
    (b) Construction permits are not required for fixed, temporary 
fixed or mobile satellite earth stations that operate with INTELSAT or 
INMARSAT space stations or for fixed, temporary fixed or mobile earth 
stations that operate with U.S.-licensed space stations. Construction 
of such stations may commence prior to grant of a license at the 
applicant's own risk. Applicants must comply with the provisions of 47 
CFR 1.1312 relating to environmental processing prior to commencing 
construction.
* * * * *
    (f) Construction permits are not required for U.S.-licensed space 
stations. Construction of such stations may commence, at the 
applicant's own risk, prior to grant of a license. Prior to commencing 
construction, however, applicants must notify the Commission in writing 
that they plan to begin construction at their own risk.
    (g) A launch authorization and station license (i.e., operating 
authority) must be applied for and granted before a space station may 
be launched and operated in orbit. Request for launch authorization may 
be included in an application for space station license. However, an 
application for authority to launch and operate an on-ground spare 
satellite will be considered to be a newly filed application for cut-
off purposes, except where the space station to be launched is 
determined to be an emergency replacement for a previously authorized 
space station that has been lost as a result of a launch failure or a 
catastrophic in-orbit failure.
    3. Section 25.114 is revised as to read as follows:


Sec. 25.114  Applications for space station authorizations.

    (a) A comprehensive proposal shall be submitted for each proposed 
space station on FCC Form 312, Main Form, together along with attached 
exhibits as described in paragraph (c) of this section. If an applicant 
is proposing more than one space station, information common to all 
space stations may be submitted in a consolidated system proposal.
    (b) Each application for a new or modified space station 
authorization must constitute a concrete proposal for Commission 
evaluation, although the applicant may propose alternatives that 
increase flexibility in accommodating the satellite in orbit. Each 
application must also contain the formal waiver required by Section 304 
of the Communications Act, 47 U.S.C. 304. The technical information for 
a proposed satellite system need not be filed on any prescribed form 
but should be complete in all pertinent details. The format of the 
applications should conform to the specifications of Sec. 1.49 of this 
chapter.
    (c) The following information in narrative form shall be contained 
in each application:
    (1) Name, address, and telephone number of the applicant;
    (2) Name, address, and telephone number of the person(s), including 
counsel, to whom inquiries or correspondence should be directed;
    (3) Type of authorization requested (e.g., launch authority, 
station license, modification of authorization);
    (4) General description of overall system facilities, operations 
and services;
    (5) Radio frequencies and polarization plan (including beacon, 
telemetry, and telecommand functions), center frequency and 
polarization of transponders (both receiving and transmitting 
frequencies), emission designators and allocated bandwidth of emission, 
final amplifier output power (identify any net losses between output of 
final amplifier and input of antenna and specify the maximum EIRP for 
each antenna beam), identification of which antenna beams are connected 
or switchable to each transponder and TT&C function, receiving system 
noise temperature, the relationship between satellite receive antenna 
gain pattern and gain-to-temperature ratio and saturation flux density 
for each antenna beam (may be indicated on antenna gain plot), the gain 
of each transponder channel (between output of receiving antenna and 
input of transmitting antenna) including any adjustable gain step 
capabilities, and predicted receiver

[[Page 5928]]

and transmitter channel filter response characteristics;
    (6)(i) For satellites in geostationary-satellite orbit, orbital 
location, or locations if alternatives are proposed, requested for the 
satellite, the factors that support such an orbital assignment, the 
range of orbital locations from which adequate service can be provided 
and the basis for determining that range of orbital locations, and a 
detailed explanation of all factors that would limit the orbital arc 
over which the satellite could adequately serve its expected users;
    (ii) For satellites in non-geostationary-satellite orbits, the 
number of space stations and applicable information relating to the 
number of orbital planes, the inclination of the orbital plane(s), the 
orbital period, the apogee, the perigee, the argument(s) of perigee, 
active service arc(s), and right ascension of the ascending node(s); 
and
    (iii) For 1.6/2.4 GHz Mobile-Satellite Service space stations, the 
feeder link frequencies requested for the satellite, together with the 
demonstration required by Sec. 25.203 (j) and (k);
    (7) Predicted space station antenna gain contour(s) for each 
transmit and each receive antenna beam and nominal orbital location 
requested. These contour(s) should be plotted on an area map at 2 dB 
intervals down to 10 dB below the peak value of the parameter and at 5 
dB intervals between 10 dB and 20 dB below the peak values, with the 
peak value and sense of polarization clearly specified on each plotted 
contour;
    (8) A description of the types of services to be provided, and the 
areas to be served, including a description of the transmission 
characteristics and performance objectives for each type of proposed 
service, details of the link noise budget, typical or baseline earth 
station parameters, modulation parameters, and overall link performance 
analysis (including an analysis of the effects of each contributing 
noise and interference source);
    (9) For satellites in geostationary-satellite orbit, accuracy with 
which the orbital inclination, the antenna axis attitude, and 
longitudinal drift will be maintained;
    (10) Calculation of power flux density levels within each coverage 
area and of the energy dispersal, if any, needed for compliance with 
Sec. 25.208;
    (11) Arrangement for tracking, telemetry, and control;
    (12) Physical characteristics of the space station including weight 
and dimensions of spacecraft, detailed mass (on ground and in-orbit) 
and power (beginning and end of life) budgets, and estimated 
operational lifetime and reliability of the space station and the basis 
for that estimate;
    (13) Detailed information demonstrating the financial 
qualifications of the applicant to construct and launch the proposed 
satellites. Applications shall provide the financial information 
required by Sec. 25.140 (b) through (e), Sec. 25.142(a)(4), or 
Sec. 25.143(b)(3), as appropriate;
    (14) A clear and detailed statement of whether the space station is 
to be operated on a common carrier basis, or whether non-common carrier 
transactions are proposed. If non-common carrier transactions are 
proposed, describe the nature of the transactions and specify the 
number of transponders to be offered on a non-common carrier basis;
    (15) Dates by which construction will be commenced and completed, 
launch date, and estimated date of placement into service;
    (16) Public interest considerations in support of grant;
    (17) Applications for authorizations for domestic fixed-satellite 
space stations shall also include the information specified in 
Sec. 25.140;
    (18) Applications for authorizations in the Radiodetermination 
Satellite Service shall also include the information specified in 
Sec. 25.141;
    (19) Applications for authorizations in the Mobile-Satellite 
Service in the 1545-1559/1646.5-1660.5 MHz frequency bands shall also 
provide all information necessary to comply with the policies and 
procedures set forth in Rules and Policies Pertaining to the Use of 
Radio Frequencies in a Land Mobile Satellite Service, 2 FCC Rcd 485 
(1987) (Available at address in Sec. 0.445 of this chapter.);
    (20) Applications to license multiple space station systems in the 
non-voice, non-geostationary mobile-satellite service under blanket 
operating authority shall also provide all information specified in 
Sec. 25.142; and
    (21) Applications for authorizations in the 1.6/2.4 GHz Mobile-
Satellite Service shall also provide all information specified in 
Sec. 25.143.
    (d) Applicants requesting authority to launch and operate a system 
comprised of technically identical, non-geostationary satellite orbit 
space stations may file a single ``blanket'' application containing the 
information specified in paragraph (c) of this section for each 
representative space station.
    4. Section 25.115 is revised to read as follows:


Sec. 25.115  Application for earth station authorizations.

    (a) Transmitting earth stations. Except as provided under 
Sec. 25.113(b), Commission authorization must be obtained for authority 
to construct and/or operate a transmitting earth station. Applications 
shall be filed on FCC Form 312, Main Form and Schedule B, and include 
the information specified in Sec. 25.130.
    (b) Receive-only earth stations. Applications to license or 
register receive only earth stations shall be filed on FCC Form 312, 
Main Form and Schedule B, and conform to the provisions of Sec. 25.131.
    (c) Large Networks of Small Antennas operating in the 12/14 GHz 
bands with U.S. satellites for domestic services. Applications to 
license small antenna network systems operating in the 12/14 GHz 
frequency band under blanket operating authority shall be filed on FCC 
Form 312, Main Form and Schedule B, for each large (5 meters or larger) 
hub station, and Schedule B for each representative type of small 
antenna (less than 5 meters) operating within the network.
    (d) User transceivers in the NVNG and 1.6/2.4 GHz Mobile-Satellite 
Service need not be individually licensed. Service vendors may file 
blanket applications for transceivers units using FCC Form 312, Main 
Form and Schedule B, and specifying the number of units to be covered 
by the blanket license. Each application for a blanket license under 
this section shall include the information described in Sec. 25.135.
    5. Section 25.117 is amended by revising the introductory text of 
paragraph (a) to read as follows:


Sec. 25.117  Modification of station license.

    (a) Except as provided for in Sec. 25.118 (Modifications not 
requiring prior authorization), no modification of a radio station 
governed by this part which affects the parameters or terms and 
conditions of the station authorization shall be made except upon 
application to and grant of such application by the Commission. No 
license modification will be required if the licensee seeks to access 
another U.S.-licensed fixed satellite provided:
* * * * *
    6. Sections 25.118 through 25.120 are redesignated as Secs. 25.119 
through 25.121 and a new Sec. 25.118 is added to read as follows:


Sec. 25.118  Modifications not requiring prior authorization.

    (a) Equipment in an authorized earth station may be replaced 
without prior authorization or prior notification if the

[[Page 5929]]

new equipment is electrically identical to the existing equipment. 
Licensees must notify the Commission using FCC Form 312, Main Form, 
within 30 days after the new equipment is installed.
    (b) A licensee providing service on a private carrier basis may 
change its operations to common carrier status without obtaining prior 
Commission authorization. The licensee must notify the Commission using 
Form 312 within 30 days after the completed change to common carrier 
status.
    (c) Licensees may make changes to their authorized earth stations 
without obtaining prior Commission authorization if frequency 
coordination procedures, as necessary, are complied with in accordance 
with Sec. 25.251, and the modification does not involve:
    (1) An increase in EIRP or EIRP density (both main lobe and side 
lobe);
    (2) An increase in transmitted power;
    (3) A change in coordinates of more than 1 second for stations 
operating in C-Band or 10.95 to 11.7 GHz;
    (4) A change in coordinates of 10 seconds or greater for stations 
operating in Ku-band; or
    (5) An addition to an antenna facility, including hub earth 
stations and remote terminals, that is already licensed, except for 
VSAT remote terminals.
    (d) Licensees must notify the Commission using FCC Form 312 within 
30 days after the modification is completed.
    7. In newly redesignated Sec. 25.119, paragraphs (c), (d) and (f) 
are revised to read as follows:


Sec. 25.119  Assignment or transfer of control of station 
authorization.

* * * * *
    (c) Assignment of license. FCC Form 312, Main Form and Schedule A, 
shall be submitted to assign voluntarily (as by, for example, contract 
or other agreement) or involuntarily (as by, for example, death, 
bankruptcy, or legal disability) the station authorization. In the case 
of involuntary assignment, the application should be filed within 10 
days of the event causing the assignment. FCC Form 312, Main Form, and 
Schedule A shall also be used for non-substantial (pro forma) 
assignments.
    (d) Transfer of control of corporation holding license. FCC Form 
312, Main Form and Schedule A, shall be submitted in order to transfer 
voluntarily or involuntarily (de jure or de facto) control of a 
corporation holding any licenses. In the case of involuntary transfer 
of control, the applications should be filed within 10 days of the 
event causing the transfer of control. FCC Form 312, Main Form and 
Schedule A shall also be used for non-substantial (pro forma) transfers 
of control.
* * * * *
    (f) Assignments and transfers of control shall be completed within 
60 days from the date of authorization. Within 30 days of consummation, 
the Commission shall be notified by letter of the date of consummation 
and the file numbers of the applications involved in the transaction.
    8. In newly redesignated Sec. 25.120, the last sentence of 
paragraph (a) is revised to read as follows:


Sec. 25.120  Application for special temporary authorization.

    (a) * * * A copy of the request for special temporary authority 
also shall be forwarded to the Commission's Columbia Operations Center 
in Columbia, Maryland.
* * * * *
    9. In newly redesignated Sec. 25.121, paragraph (a) is revised to 
read as follows:


Sec. 25.121  License term and renewals.

    (a) License term. Licenses for facilities governed by this part 
will be issued for a period of 10 years.
* * * * *
    10. Section 25.130 is amended by revising paragraph (a) to read as 
follows:


Sec. 25.130  Filing requirements for transmitting earth stations.

    (a) Application for a new or modified transmitting earth station 
facility shall be submitted on FCC Form 312, Main Form and Schedule B, 
accompanied by any required exhibits.
* * * * *
    11. Section 25.131 is amended by revising paragraphs (a), (d), and 
(j) to read as follows:


Sec. 25.131  Filing requirements for receive-only earth stations.

    (a) Except as provided in paragraphs (b) and (j) of this section, 
applications for a license for a receive-only earth station shall be 
submitted on FCC Form 312, Main Form and Schedule B, accompanied by any 
required exhibits.
* * * * *
    (d) Applications for registration shall be filed on FCC Form 312, 
Main Form and Schedule B, accompanied by the coordination exhibit 
required by Sec. 25.203, and any other required exhibits. Any 
application that is deficient or incomplete in any respect shall be 
immediately returned to the applicant without processing.
* * * * *
    (j) Receive-only earth stations operating with INTELSAT space 
stations, or U.S.-licensed and non-U.S. space stations for reception of 
services from other countries; shall file an FCC Form 312, Main Form 
and Schedule B, requesting a license for such station. Receive-only 
earth stations used to receive INTELNET I services from INTELSAT space 
stations need not file for licenses. See Deregulation of Receive-Only 
Satellite Earth Stations Operating with the INTELSAT Global 
Communications Satellite System, Declaratory Ruling, RM No. 4845, FCC 
86-214 (released May 19, 1986).
    12. Section 25.134 is amended by revising the first sentences of 
paragraphs (a) and (b) and adding paragraph (d) to read as follows:


Sec. 25.134  Licensing Provisions of Very Small Aperture Terminal 
(VSAT) Networks.

    (a) All applications for digital VSAT networks with a maximum 
outbound downlink EIRP density of +6.0 dBW/4 kHz per carrier and earth 
station antennas with maximum input power density of -14 dBW/4 kHz and 
maximum hub EIRP of 78.3 dBW will be processed routinely. * * *
    (b) Each applicant for digital and/or analog VSAT network 
authorization proposing to use transmitted satellite carrier EIRP 
densities in excess of +6.0 dBW/4 kHz and +13.0 dBW/4 kHz, 
respectively, and/or maximum antenna input power densities of -14.0 
dBW/4 kHz and maximum hub EIRPs of 78.3 dBW and -8.0 dBW/ 4 kHz per 
carrier, respectively, shall conduct an engineering analysis using the 
Sharp, Adjacent Satellite Interference Analysis (ASIA) program. * * *
* * * * *
    (d) An application for VSAT authorization shall be filed on FCC 
Form 312, Main Form and Schedule B. A VSAT licensee applying to renew 
its license must include on FCC Form 405, the number of constructed 
VSAT units in its network.
    13. Section 25.140 is revised to read as follows:


Sec. 25.140  Qualifications of fixed-satellite space station licensees.

    (a) New fixed-satellites shall comply with the requirements 
established in Report and Order, CC Docket No. 81-704 (available at 
address in Sec. 0.445 of this chapter.) Applications must also meet the 
requirements in paragraphs (b) through (d) of this section. The 
Commission may require additional or different information in the case 
of any individual application. Applications will be unacceptable for 
filing and will be returned to the applicant if they do not meet the 
requirements referred to in this paragraph.

[[Page 5930]]

    (b) Each applicant for a space station authorization in the fixed-
satellite service must demonstrate, on the basis of the documentation 
contained in its application, that it is legally, financially, 
technically, and otherwise qualified to proceed expeditiously with the 
construction, launch and/or operation of each proposed space station 
facility immediately upon grant of the requested authorization. Each 
applicant must provide the following information:
    (1) The information specified in Sec. 25.114;
    (2) An interference analysis to demonstrate the compatibility of 
its proposed system 2 degrees from any authorized space station. An 
applicant should provide details of its proposed r.f. carriers which it 
believes should be taken into account in this analysis. At a minimum, 
the applicant must include, for each type of r.f. carrier, the link 
noise budget, modulation parameters, and overall link performance 
analysis. (See, e.g., appendices B and C to Licensing of Space Stations 
in the Domestic Fixed-Satellite Service (available at address in 
Sec. 0.445 of this chapter));
    (3) The estimated costs of proposed construction and/or launch, and 
any other initial expenses for the space station(s); and
    (4) Estimated operating expenses for one year after launch of the 
proposed space station(s).
    (c) Each application for authority to construct and/or launch and 
operate a space station shall demonstrate the applicant's current 
financial ability to meet the costs specified in paragraphs (b)(3) and 
(b)(4) of this section by submitting the following financial 
information verified by affidavit:
    (1) A balance sheet current for the latest fiscal year and 
documentation of any financial commitments reflected in the balance 
sheet (such as, for example, loan agreements and service contracts) 
together with an exhibit demonstrating that the applicant has current 
assets and operating income sufficient to meet the costs specified in 
paragraphs (b)(3) and (b)(4) of this section. If the applicant is owned 
by more than one corporate parent, it must submit evidence of a 
commitment to the proposed satellite program by management of the 
corporate parent upon whom it is relying for financial resources;
    (2) If the submissions of paragraph (c)(1) of this section do not 
reflect sufficient financial resources to meet the costs specified in 
paragraphs (b)(3) and (b)(4) of this section, the applicant shall 
submit additional information as listed below:
    (i) The terms of any fully negotiated loan or other form of credit 
arrangement intended to be used to finance the proposed construction, 
acquisition, or operation of the requested facilities including such 
information as the identity of the creditor (or creditors), the amount 
committed, letters of commitment, detailed terms of the transaction, 
including the details of any contingencies, and a statement that the 
applicant complies with paragraph (d) of this section;
    (ii) The terms of any fully negotiated sale or placement of any 
equity or other form of ownership interest, including the sale, or 
long-term lease for the lifetime of the satellite, of proposed 
satellite transponder capacity in the level of detail as specified in 
paragraph (c)(2)(i) of this section;
    (iii) The terms of any grant or other external funding commitment 
intended to be used to finance the proposed construction, acquisition, 
or operation of the requested facilities, including such information as 
the identity of the grantor(s), the amount committed, letters of 
commitment, and detailed terms of the transaction, including the 
details of any contingencies; or
    (iv) Any financing arrangements contingent on further performance 
by either party, such as marketing of satellite capacity or raising 
additional financing, will not be considered in evaluating an 
applicant's financial qualifications; and
    (3) Whatever other information or details the Commission may 
require with regard to a specific application or applicant.
    (d) Any loan or other credit arrangement providing for a chattel 
mortgage or secured interest in any proposed facility must include a 
provision for a minimum of ten (10) days prior written notification to 
the licensee or permittee, and to the Commission, before any such 
equipment may be repossessed under any default provision of the 
agreement.
    (e) An applicant found to be qualified pursuant to this section may 
be initially assigned up to two orbital locations in each pair of 
frequency bands proposed. Authorizations to construct ground spares are 
at the applicant's risk that launch authorization will not be granted 
by the Commission.
    (f) Each applicant found to be qualified pursuant to this section 
may be assigned no more than one additional orbital location beyond its 
current authorizations in each frequency band in which it is authorized 
to operate, provided that its in-orbit satellites are essentially 
filled and that it has no more than two unused orbital locations for 
previously authorized but unlaunched satellites in that band.
    (g) In the event that one or more applications satisfying the 
requirements of this section are ready for grant, any orbital location 
occupied by a satellite that is determined to be a part of a system 
that is not essentially filled may be cancelled and collocation of in-
orbit satellites may be required. The Commission may take this action 
if, in so doing, it would allow the grant of pending applications that 
satisfy the requirements of this section. If a cancellation is made, 
the licensee will be afforded a period of 30 days to notify the 
Commission which of its assigned locations should be cancelled.
    14. Section 25.141 is amended by revising paragraph (c) to read as 
follows:


Sec. 25.141  Licensing provisions for the radiodetermination satellite 
service.

* * * * *
    (c) User transceivers. Individual user transceivers will not be 
licensed. Service vendors may file blanket applications for transceiver 
units using FCC Form 312, Main Form and Schedule B, and specifying the 
number of units to be covered by the blanket license. Each application 
must demonstrate that transceiver operations will not cause 
interference to other users of the spectrum.
* * * * *
    15. Section 25.142 is amended by revising the introductory text of 
paragraph (c) to read as follows:


Sec. 25.142  Licensing provisions for the non-voice, non-geostationary 
mobile-satellite service.

* * * * *
    (c) Reporting requirements. All operators of non-voice, non-
geostationary mobile-satellite service systems shall, on June 30 of 
each year, file a report with the International Bureau and the 
Commission's Columbia Operations Center in Columbia, Maryland, 
containing the following information current as of May 31st of that 
year:
* * * * *
    16. Section 25.143 is amended by revising paragraph (e)(1) to read 
as follows:


Sec. 25.143  Licensing provisions for the 1.6/2.4 GHz Mobile-Satellite 
Service.

* * * * *
    (e) Reporting requirements. (1) All operators of 1.6/2.4 GHz 
mobile-satellite systems shall, on June 30 of each year, file with the 
International Bureau and the Commission's Columbia Operations Center, 
Columbia, Maryland, a report

[[Page 5931]]

containing the following information current as of May 31st of that 
year:
* * * * *
    17. Section 25.155 is amended by revising paragraph (b) to read as 
follows:


Sec. 25.155  Mutually exclusive applications.

* * * * *
    (b) A space station application will be entitled to comparative 
consideration with one or more conflicting applications only if:
    (1) The application is mutually exclusive with another application; 
and
    (2) The application is received by the Commission in a condition 
acceptable for filing by the ``cut-off'' date specified in a public 
notice.
    18. Section 25.210 is amended by revising the introductory text of 
paragraph (j) and revising paragraph (j)(3), to read as follows:


Sec. 25.210  Technical requirements for space stations in the Fixed-
Satellite Service.

* * * * *
    (j) All operators of space stations shall, on June 30 of each year, 
file a report with the International Bureau and the Commission's 
Columbia Operations Center in Columbia, Maryland, containing the 
following information current as of May 31st of that year:
* * * * *
    (3) A detailed description of the utilization made of each 
transponder on each of the in-orbit satellites. This description should 
identify the total capacity or the percentage of time each transponder 
is actually used for transmission, and the amount of unused system 
capacity in the transponder. This information is not required for those 
transponders that are sold on a non-common carrier basis. In that case, 
operators should indicate the number of transponders sold on each in-
satellite orbit.
* * * * *
    19. Section 25.211 is amended by revising the section heading and 
adding paragraph (d), to read as follows:


Sec. 25.211  Video Transmissions in the Fixed-Satellite Service.

* * * * *
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 9 meters or smaller may be routinely licensed for transmission of 
full transponder services if the maximum power into the antenna does 
not exceed 450 watts (26.5 dBW). In the 14 GHz band, an earth station 
with an equivalent diameter of 5 meters or smaller may be routinely 
licensed for transmission of full transponder services if the maximum 
power into the antenna does not exceed 500 watts (27 dBW).
    20. Section 25.212 is amended by adding paragraphs (c) and (d), to 
read as follows:


Sec. 25.212  Narrowband transmissions in the Fixed-Satellite Service.

* * * * *
    (c) In the 14 GHz band, an earth station with an equivalent 
diameter of 1.2 meters or greater may be routinely licensed for 
transmission of narrowband analog services with bandwidths up to 200 
kHz if the maximum input power density into the antenna does not exceed 
-8 dBW/4 kHz and the maximum transmitted satellite carrier EIRP density 
does not exceed 13 dBW/4 kHz, and for transmission of narrowband and/or 
wideband digital services, if the maximum input power density into the 
antenna does not exceed -14 dBW/4 kHz and the maximum transmitted 
satellite carrier EIRP density does not exceed +6.0 dBW/kHz.
    (d) In the 6 GHz band, an earth station with an equivalent diameter 
of 4.5 meters or greater may be routinely licensed for transmission of 
SCPC services if the maximum power densities into the antenna do not 
exceed +0.5 dBW/4 kHz for analog SCPC carriers with bandwidths up to 
200 kHz, and do not exceed -2.7 dBW/4 kHz for narrow and/or wideband 
digital SCPC carriers.
    21. Section 25.251 is revised to read as follows:


Sec. 25.251  Special requirements for coordination.

    (a) The administrative aspects of the coordination process are set 
forth in Secs. 21.100(d) and 21.706 (c) and (d) of this chapter in the 
case of coordination of terrestrial stations with earth stations, and 
in Sec. 25.203 in the case of coordination of earth stations with 
terrestrial stations.
    (b) The technical aspects of coordination are based on Appendix 28 
of the International Telecommunications Union Radio Regulations and 
certain recommendations of the ITU Radiocommunication Sector (``ITU-
R'') (available at the International Bureau Reference Center, Room 102, 
2000 M Street, NW., Washington, DC 20554.).


Secs. 25.252 through 25.256  [Removed]

    22. Sections 25.252 through 25.256 are removed.
    23. Section 25.272 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 25.272  General inter-system coordination procedures.

* * * * *
    (b) Each space station licensee shall maintain on file with the 
Commission and with its Columbia Operations Center in Columbia, 
Maryland a current listing of the names, titles, addresses and 
telephone numbers of the points of contact for resolution of 
interference problems. * * *
* * * * *
    24. Section 25.274 is amended by revising the first sentence of 
paragraph (f) to read as follows:


Sec. 25.274  Procedures to be followed in the event of harmful 
interference.

* * * * *
    (f) At any point, the system control center operator may contact 
the Commission's Columbia Operations Center in Columbia, Maryland to 
assist in resolving the matter. * * *
* * * * *
    25. Section 25.277 is amended by revising the introductory text of 
paragraph (c) to read as follows:


Sec. 25.277  Temporary fixed earth station operations.

* * * * *
    (c) The licensee of an earth station which is authorized to conduct 
temporary fixed operations in bands shared co-equally with terrestrial 
fixed stations shall provide the following information to the Director 
of the Columbia Operations Center at 9200 Farmhouse Lane, Columbia, 
Maryland 21046 and to the licensees of all terrestrial facilities lying 
within the coordination contour of the proposed temporary fixed earth 
station site before beginning transmissions:
* * * * *
    26. A new Section 25.280 is added to subpart D to read as follows:


Sec. 25.280  Inclined orbit operations.

    (a) Satellite operators may commence operation in inclined orbit 
mode without obtaining prior Commission authorization provided that the 
Commission is notified by letter within 30 days after operators 
commence. The notification shall include:
    (1) The operator's name;
    (2) The date of commencement of inclined orbit operation;
    (3) The initial inclination;
    (4) The rate of change in inclination per year; and
    (5) The expected end-of-life of the satellite accounting for 
inclined orbit operation.
    (b) Licensees operating in inclined-orbit are required to:
    (1) Periodically correct the satellite altitude to achieve a 
stationary spacecraft antenna pattern on the surface of the Earth and 
centered on the satellite's designated service area;

[[Page 5932]]

    (2) Control all interference to adjacent satellites, as a result of 
operating in an inclined orbit, to levels not to exceed that which 
would be caused by the satellite network operating without an inclined 
orbit;
    (3) Not claim protection in excess of the protection that would be 
received by the satellite network operating without an inclined orbit; 
and
    (4) Continue to maintain the space station at the authorized 
longitude orbital location in the geostationary satellite arc with the 
appropriate east-west station-keeping tolerance.


Sec. 25.308  [Redesignated as Sec. 25.281]

    27. Section 25.308 is redesignated as Sec. 25.281 and transferred 
to subpart D.

Subpart E--[Removed and Reserved]

    28. Subpart E is removed and reserved.

[FR Doc. 97-2081 Filed 2-7-97; 8:45 am]
BILLING CODE 6712-01-P